Solicitor John Gallagher from Argon Law discusses the common mistakes people make about business names.
There are very few guarantees that prevent the exclusivity of a registered business name. Registering your business name does not prevent others from using the same or similar names to conduct business. John outlines the difference between business name, domain name and trademark registration, and explains the value of each to secure exclusivity of your brand.
Always ensure you seek professional advice for your specific circumstances, the above is intended to be general in nature.
Are you confused by the differences between business names, trademarks and domain names? Well let me tell you a bit more about them.
If you carry on a business under a name which is not your own, it is your legal obligation to register that business name, however, such registration does not stop others from others from registering a similar name and does not give you the exclusive right to use that name or any similar names and it certainly doesn’t protect any brand you may want to use.
The law does give you some rights against others who pass themselves off as being connected to your business, but it is up to you to prove your case.
You can register your brand as a trademark which gives you enforceable exclusive rights to use that brand in respect of the sale or provision of the goods and services it is registered for.
You can also register a domain name which gives you a unique electronic address.
But remember, registering a business name doesn’t give you ownership of the name and although there are other things you can register to protect your name to some degree, none of them are a silver bullet to stop another from carrying on business under a name similar to yours.
If you found this article useful and would like to know more please contact us on 07 5443 9988 or [email protected].
Argon Law is a Sunshine Coast law firm based in Maroochydore. We are commercial lawyers and business lawyers and are eager to assist you in any way we can.
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